BILL ANALYSIS
AB 241
Page 1
ASSEMBLY THIRD READING
AB 241 (Nava)
As Amended April 13 2009
Majority vote
PUBLIC SAFETY 5-2 BUSINESS & PROFESSIONS 8-2
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|Ayes:|Solorio, Furutani, Hill, |Ayes:|Hayashi, Eng, Hernandez, |
| |Ma, Skinner | |Nava, |
| | | |John A. Perez, Price, |
| | | |Ruskin, Smyth |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Hagman, Gilmore |Nays:|Conway, Niello |
| | | | |
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APPROPRIATIONS 13-3
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|Ayes:|De Leon, Ammiano, Charles | | |
| |Calderon, Davis, | | |
| |Krekorian, Hall, Harkey, | | |
| |John A. Perez, Price, | | |
| |Skinner, Solorio, Audra | | |
| |Strickland, Torlakson | | |
|-----+---------------------------+---+--------------------------|
| | | | |
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SUMMARY : Makes it a misdemeanor for an individual or business
that buys or sells dogs or cats to have more than a combined
total of 50 unsterilized dogs and cats, as specified.
Specifically, this bill :
1)Provides that no person shall own, possess, or otherwise have
charge or custody of more than a combined total of 50
unsterilized dogs and cats at any time for purposes of
breeding or raising such dogs and cats for sale as pets or for
the purposes of producing offspring from such dogs and cats
for sale as pets.
2)States that an individual or business that must reduce the
number of intact dogs or cats in order to comply with this
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section shall spay or neuter the excess animals or sell,
transfer, or relinquish the excess animals within 30 days of
notification by authorities.
3)States that if necessary, any euthanasia procedures shall be
performed by a licensed California veterinarian.
4)Provides that a peace officer, humane society officer, or
animal control officer may lawfully take possession of an
animal kept in violation of this section when necessary to
protect the health or safety of the animal or the health or
safety of others. Requires an officer that seizes an animal
under this subdivision to provide the owner of the animal with
the opportunity for a post-seizure hearing, as specified.
5)States that this section does not apply to a publicly owned
animal control facility or animal shelter, to a veterinary
facility, a retail pet store, or a research institution.
EXISTING LAW :
1)Makes it a misdemeanor to permit an animal to be in any
building, enclosure, street, lot, or judicial district without
proper care and attention. States that any peace officer,
humane society officer, or animal control officer shall take
possession of the stray or abandoned animal and shall provide
proper care and treatment for the animal until the animal is
deemed to be in a suitable condition to be returned to the
owner. Provides that when the officer has reasonable grounds
to believe that very prompt action is required to protect the
health or safety of the animal, the officer shall immediately
seize the animal and comply with specified opportunity for a
pre-seizure or post-seizure hearing, as specified, to
determine the validity of a seizure or impoundment of the
animal(s).
2)Provides that the animal's failure to request to attend, or to
attend a scheduled hearing shall result in a forfeiture of the
animal(s) and the right to challenge the costs of the
owner(s)' liability for any costs incurred.
3)Provides that where the need for the immediate seizure of the
animal is not present and prior to the commencement of any
criminal proceedings, the agency shall provide the owner or
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keeper of the animal with the opportunity for a hearing prior
to the seizure of the animal, if ascertainable after
reasonable investigation.
4)States that it is the policy of California that no adoptable
animal should be euthanized if it can be adopted into a
suitable home. Provides that adoptable animals include only
those animals eight weeks of age or older that, at or
subsequent to the time the animal is impounded have manifested
no sign of behavioral or temperamental defect that could pose
a health or safety risk or otherwise make the animal
unsuitable for placement as a pet, and have manifested no sign
of disease, injury, congenital or hereditary condition that
adversely affects the health of the animal or that is likely
to adversely affect the health of the animal in the future.
5)Further states that it is the policy of California that no
treatable animal should be euthanized. States that a
treatable animal includes any animal that is not adoptable but
that could become adoptable with reasonable efforts.
6)Requires a notice with specified information to be posted to a
conspicuous place where the animal was situated stating the
grounds for believing the animal should be seized.
7)Requires the notice to state that the cost of caring for and
treating the animal is a lien on the animal and that any
animal shall not be returned to the owner until the charged
are paid.
FISCAL EFFECT : According to the Assembly Appropriations
Committee analysis, minor non-reimbursable local law enforcement
and incarceration costs, offset to a degree by increased fine
revenue.
COMMENTS : According to the author, "A 'puppy mill' is a
large-scale commercial breeding facility that mass-produces
puppies for sale.' The World Animal Foundation explains that
'puppy mill kennels usually consist of small wood and wire-mesh
cages, or even empty crates or trailer cabs, all kept outdoors,
where female dogs are bred continuously, with no rest between
heat cycles. The mothers and their litters often suffer from
malnutrition, exposure, and lack of veterinary care.'
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"Continuous breeding takes its toll on the females; they are
killed at about age six or seven when their bodies give out, and
they can no longer produce enough litters. The puppies are
taken from their mothers at the age of four to eight weeks, and
sold to brokers who pack them into crates for transport and
resale to pet shops. Puppies being shipped from mill to broker
to pet shop can cover hundreds of miles by pickup truck, tractor
trailer, and/or plane, often without adequate food, water,
ventilation, or shelter.
"Between unsanitary conditions at puppy mills and poor
conditions in transport, only half of the dogs bred at mills
survive to make it to market. Of those that eventually do make
it to stores, thousands of puppies each year are often sold to
'impulse buyers' and ultimately end up in shelters. Nearly one
million dogs and cats land in California shelters every year, of
whom approximately one-half are ultimately euthanized.
"A criminal bust of a single puppy mill can yield massive
expenses to the state and local jurisdictions due to the cost of
shelter, food, and veterinary care. A puppy mill bust last year
in which 249 animals were rescued in Buxton, Maine cost the
state $440,000. Humane organizations in the region raised
approximately $70,000 in additional funds to assist with the
rescue operation.
"AB 241 will curb pet overpopulation, eliminate mass breeding
efforts, and save state and local jurisdictions vital dollars
during our ongoing economic crisis."
Please see the policy committee for a full discussion of this
bill.
Analysis Prepared by : Kathleen Ragan / PUB. S. / (916)
319-3744
FN: 0000761